교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for a period of six months and a fine of three hundred thousand won.
The above fine shall be imposed on the defendant.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment without prison labor for a period of eight months and fines of three hundred thousand won) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
According to the records of this case, the court below served a copy of the indictment and a writ of summons by the method of serving public notice in accordance with Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and served the procedure of trial in the absence of the defendant, and sentenced the defendant on February 6, 2020 to imprisonment without prison labor for not more than 8 months and a fine not exceeding 300,000 won. The defendant filed a petition for recovery of the right to appeal against the judgment of the court below which became formally final and conclusive on March 10, 2020, and the court below decided to recover the defendant's right to appeal by recognizing that the defendant was unable to file an appeal within the appeal period due to reasons not attributable to
According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to the defendant. Thus, the court below's judgment has a ground for a request for retrial under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 361-5 subparagraph 13 of the Criminal Procedure Act.
Therefore, this court shall proceed with a new litigation procedure by delivering a duplicate of indictment to the defendant and render a new judgment according to the result of a new trial (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Therefore, the judgment of the court below cannot be maintained as it is.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.
[Grounds for a new judgment] Summary of facts constituting an offense and a summary of evidence recognized by the court and the summary of the evidence are added to “the Defendant’s own court testimony” in the column of the evidence.